The Temple Mount Case

תקציר

The Temple Mount case is of great interest for a number of reasons. In the first place, the decision concerned an issue of great delicacy from the religious point of view, namely the right of Jews to hold prayers on the Temple Mount, which was formerly the site of the Temple and where the Dome of the Rock and the Mosque of El-Aksa now stand. Secondly, the decision is relevant to one of the major problems of Israeli Law, namely the reception of Mandatory Law into the legal system of Israel. Finally, the judgment was delivered at a time when the Supreme Court had been coming under criticism on account of a number of important decisions which bore on political issues, as a result of which it seemed that the Supreme Court would increasingly intervene in political affairs. This criticism in its turn, led the Court to devote its attention to the problem of justiciability, a problem which received special consideration in this case.